The Crown sought an injunction against the Canadian Broadcasting Corporation, demanding the deletion of an online article referring to an underage murder victim whose identity was subsequently subject to a court-ordered publication ban. Continue reading
R. v. Jones, 2017 SCC 60
Mr. Jones attempted to defend himself from firearms and drug trafficking charges by challenging the admissibility of text messages obtained through a Production Order served on his wireless service provider, Telus. Continue reading
Filed under Section 8: Search & Seizure
R. v. Marakah, 2017 SCC 59
Police officers obtained evidence of Mr. Marakah’s involvement in firearms trafficking, through a warrantless search of an iPhone belonging to Marakah’s accomplice, Winchester. Continue reading
Filed under Section 8: Search & Seizure
R. v. Oland, [2017] 1 SCR 250
Although the underlying appeal of Mr. Oland’s second degree murder conviction had been granted, and the bail issue rendered moot, the Supreme Court took the extraordinary step of considering a moot appeal to clarify the proper scope of the public interest criterion for denying bail pending appeal, pursuant to s. 679(3)(c) of the Criminal Code. Continue reading
Filed under Section 11(e): Bail
R. v. Paterson, [2017] 1 SCR 202
Police attended an apartment in response to an alleged domestic incident and noticed an odour of marijuana. Mr. Paterson, who answered the door, acknowledged that he was in possession of three marijuana roaches. Police demanded that he turn them over, on the understanding that they would seize the roaches without charging him. When Mr. Paterson “agreed to hand over the roaches and attempted to close the door, … Constable Dykeman blocked the door with his foot and said he would not let the appellant out of his sight.” Continue reading
B.C. Freedom of Information and Privacy Association v. British Columbia (Attorney General), [2017] 1 SCR 93
British Columbia’s Freedom of Information and Privacy Association challenged section 239 of the provincial Election Act, which requires the “registration” of election “sponsors”; arguing that this requirement infringes the Charter right to freedom of expression. Continue reading
R. v. K.R.J., [2016] 1 SCR 906
In considering the retroactive effect of new probation provisions for sexual offenders, the Supreme Court considered the effect of section 1 of the Charter (reasonable limits) on subsection 11(i) thereof (benefit of the lesser punishment). Continue reading
R. v. Jordan, [2016] 1 SCR 631
Barrett Richard Jordan was charged in December 2008 for his role in a dial-a-dope operation, and his trial ended with a conviction in February 2013. The Supreme Court used Mr. Jordan’s case as an opportunity to reformulate the test for trial within a reasonable time, overturning the conviction and entering a judicial stay of proceedings pursuant to s. 11(b) of the Charter. Continue reading
R. v. Safarzadeh-Markhali, [2016] 1 SCR 180
The Truth in Sentencing Act reduced enhanced credit for time spent in pre‑sentence custody, which had previously been allowed at a rate of two days for every day of detention, to a mandatory 1:1 ratio for offenders who were denied bail primarily because of a prior conviction. Continue reading
R. v. Lloyd, [2016] 1 SCR 130
The Controlled Drugs and Substances Act imposed a one-year mandatory minimum sentence for possession for the purpose of trafficking in circumstances where the accused had been convicted of a trafficking-related offence in the previous ten years. Continue reading